Opposition to Summary Disposition Filed In In re NILA JEAN OXENDER, Case No. 2017-000, 428-DE

Nila Jean Oxender (“Decedent”) died by drowning in her hot tub at her Tucson, Arizona, condo on November 23, 2016.  In the related Washtenaw County Probate Court proceedings, entitled In re Nila Jean Oxender, Case No. 2017-000,428-DE, William G. Tishkoff, Esq. of Tishkoff PLC represents Derrick B. Oxender (“Derrick Oxender”), an interested party.

As stated in the summary in Derrick Oxender’s opposition to Theodore L Oxender’s (“Ted Oxender”) motion for summary disposition (filed July 12, 2018; “Summary Disposition Opposition”): “Evidence to date, much of it uncontroverted, establishes that [Ted Oxender] and his wife Maritza Oxender murdered Decedent.”  

On July 18, 2018, Derrick Oxender filed in the above Probate Court proceedings his petition pursuant to MCL 700.2803 and for other relief (“Slayer Petition”).  The relief sought in Derrick Oxender’s Slayer Petition includes a judgment declaring that his brother, Ted Oxender, and Ted Oxender’s wife, Maritza Oxender (“Maritza”), intentionally and feloniously killed Derrick Oxender and Ted Oxender’s mother, Decedent.

On July 19, 2018, the above Probate Court entered an order setting a further oral hearing date of September 13, 2018 for Ted Oxender’s motion for summary disposition on Derrick Oxender’s September 1, 2017 petition and April 9, 2018 petition (“Removal Petition”).  The relief sought in Derrick Oxender’s Removal Petition includes the removal of Ted Oxender as the Personal Representative for the Estate of Nila Jean Oxender and the appointment of Derrick Oxender to commence and pursue a wrongful death action against Ted Oxender and his wife, Maritza.  The above order also set a deadline of July 31, 2018, for Ted Oxender to file a motion for summary disposition, if any, on Derrick Oxender’s Slayer Petition.

Derrick Oxender’s Summary Disposition Opposition further states in its summary:

[Ted Oxender, also referred to as “Respondent”] and Maritza had been largely in control of Decedent’s finances for several years.  However, in 2016, Decedent had discussions with her financial advisor, Michael Reid, about removing Maritza’s control, dividing her inheritance equally between her sons, …Derrick B. Oxender… and Respondent, and ensuring her grandchildren and greatgrandchild were provided for.  See transcript of October 19, 2017 Deposition of Michael Reid (“Reid Transcript”), copy attached as Exhibit 1, p. 59-62; see also transcript of June 20, 2018 deposition of Terrence A. Bertram (“Bertram Transcript”), copy attached as Exhibit 2, p. 114-15.  Concurrently with Decedent’s above discussions, Decedent was becoming close friends with a couple from Tucson, Arizona who were going to assume from Respondent and Maritza the responsibility of taking care of Decedent if Decedent made Arizona her permanent, year-round home.  The evidence obtained in discovery establishes that, right before Decedent’s death, she decided she would permanently reside, year-round in Arizona, Respondent and Maritza realized they were being replaced and were losing control of Decedent and their potential inheritance, and they stood to lose millions of dollars if Decedent was allowed to implement the changes she intended to make to her estate during a phone conference with her estate planning attorney, Terrence A. Bertram, scheduled for 8:00 a.m. on November 23, 2016…, the date that Decedent died.  Left with no other option to preserve their inheritance and control over Decedent, the evidence, discussed in detail infra, shows that Respondent and Maritza murdered Decedent.

*** Based on the evidence uncovered in discovery in the instant case, two leading forensic pathologists conclude there is a high probability that Decedent’s death was the result of foul play and is possible homicide, based on their more thorough review of the physical evidence and consideration of Decedent’s family and financial circumstances at the time of her death—circumstances not considered by the Pima County, Arizona medical examiner. ***

Summary Disposition Opposition at pp. 1-2.

A copy of the above Slayer Petition (with exhibits), above Summary Disposition Opposition (with exhibits), and Ted Oxender’s summary disposition motion and supporting brief (with exhibits) are available for download from the following Dropbox link:

https://www.dropbox.com/sh/bjy43a3r8tjy25y/AABBKCUmW8qddNxV1PDSilTQa?dl=0

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